Carpenter v. State

The opinion of the court was delivered by

Owsley, J.:

The state appeals from the granting of petitioner’s motion under K.S.A. 60-1507. In vacating and setting aside the judgment and sentence the trial court found petitioner had been denied his constitutional right to effective assistance of counsel and ordered a new trial.

The facts which form the basis for petitioner’s original conviction of second-degree murder are set out in this court’s opinion in State v. Carpenter, 215 Kan. 573, 527 P.2d 1333. Petitioner was charged with the murder of Willis Upshaw. The state’s evidence showed that…